Public Prosecutor v Noel [2005] VUSC 115; CRC 018 2005 (30 September 2005)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Criminal Jurisdiction)

SC No. 18 of 2005

PUBLIC PROSECUTOR

VS.

KUVU NOEL
JONATHAN OWE
BEN WUS
JOHN VIEL VOCOR
HOSEA WILLIAM
BEBE STANLEY
MAHIT WASS
LULU CHARLIE ROCROC
PATON MER
SAM VOCOR
TOM WILLIE
DANIEL VOCOR
PHILIMON ARON
SILAS CHARLIE ROCROC
KILLION STANLEY

Coram: Mr Justice Oliver A. Saksak
Mrs Anita Vinabit – Clerk

Mr Lent Tevi for Public Prosecutor
Mr John Timakata for the Defendants

30th September 2005

DECISION AS TO SENTENCE

There are 17 remaining defendants excluding Jimmy Kaven against whom all charges were dismissed yesterday (29^th September). They all pleaded guilty as follows:-

1. Kavcor Wass – Count 1: Unlawful Assembly
   
2. Kaven Kuvu – Count 1: Unlawful Assembly

Count 3: Unlawful Assembly

3. Stanley Killion – Count 1: Unlawful Assembly

Count 3: Unlawful Assembly

Count 4: Intentional Assault

Count 5: Kidnapping

Count 7: Intentional Assault

4. Kuvu Noel – Count 3: Unlawful Assembly

Count 5: Intentional Assault

Count 7: Intentional Assault

5. Jonathan Owe – Count 3: Unlawful Assembly
   

6. Ben Wus – Count 3: Unlawful Assembly

Count 4: Intentional Assault

7. John Viel Vocor – Count 3: Unlawful Assembly
   
8. Hosea William – Count 3: Unlawful Assembly
   
9. Bebe Stanley – Count 3: Unlawful Assembly
   
10. Mahit Wass – Count 3: Unlawful Assembly

Count 5: Kidnapping

Count 7: Intentional Assault

11. Lulu Charley Rocroc – Count 3: Unlawful Assembly
    
12. Paton Mer – Count 3: Unlawful Assembly

Count 5: Kidnapping

Count 7: Intentional Assault

13. Sam Vocor – Count 3: Unlawful Assembly

Count 5: Kidnapping

Count 7: Intentional Assault

14. Tom Willie – Count 3: Unlawful Assembly

Count 4: Intentional Assault

Count 5: Kidnapping

Count 7: Intentional Assault

Count 8: Damage to Property

15. Daniel Vocor – Count 3: Unlawful Assembly

Count 4: Intentional Assault

16. Philimon Aaron – Count 3: Unlawful Assembly

Count 5: Kidnapping

Count 7: Intentional Assault

17. Mr Silas Charley Rocroc – Count 3: Unlawful Assembly
    

I have considered the submissions made by both Mr Tevi and Mr Timakata. I consider that this is a special case with its peculiar circumstances.

The Prosecutor has urged this Court to impose prison sentences or alternatively suspended sentences. Mr Timakata likewise has urged the Court to impose suspended sentences.

However, having regard to the circumstances of the case I consider that the best option for the Court is to defer sentencing the defendants under section 42 of the Penal Code Act CAP. 135.

I defer sentence for a period of 1 year from today to Monday 2^nd October 2006 on the following conditions:-

(1) All the Defendants must not re-offend by committing the same offences for which they have been charged in this case.

(2) All the Defendants must keep the peace in their village and in the town of Luganville at all times.

(3) All the Defendants must attend Court on Monday 2^nd October 2006 for a review of these conditions.

(4) The Defendants are ordered to pay prosecution costs of VT20,000 to be paid on or before 4.30 O’clock today.

DATED at Luganville this 30^th day of September, 2005.

BY THE COURT

OLIVER A. SAKSAK

Judge